The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) has no intention to mislead the defendant as stated in the facts constituting the crime in the judgment below.

2. In the event that the appellate court’s judgment on the assertion of factual mistake intends to re-examine the first instance judgment after re-evaluation of the first instance judgment even though there is no new objective reason that may affect the formation of a conviction during the trial process, there is a reasonable ground to deem that the first instance judgment was clearly erroneous, or that the argument leading to the acknowledgement of facts is considerably unfair because it is contrary to logical and empirical rules, etc. Furthermore, without such exceptional circumstance, the appellate court’s judgment on the finding of facts 1 of the first instance judgment shall not be reversed without permission (Supreme Court Decision 2016Do18031 Decided March 22, 2017). No objective reason exists that may affect the formation of a new conviction in the first instance trial based on the foregoing legal doctrine, and it does not appear that maintaining the lower court’s judgment in light of the evidence duly adopted and the content of the lower court’s judgment compared with the evidence duly examined.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.